MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare

By: Representative Holden

AN ACT TO AMEND SECTION 73-25-30, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF MEDICAL LICENSURE TO ASSESS A LICENSEE FOR REASONABLE COSTS INCURRED BY THE BOARD IN THE INVESTIGATION AND CONDUCT OF A DISCIPLINARY ACTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-25-30, Mississippi Code of 1972, is amended as follows:

73-25-30. (1) The Mississippi State Board of Medical Licensure, in exercising its authority under the provisions of Section 73-25-29, shall have the power to discipline the holder of a license who has been found by the board * * * in violation of that statute after notice and a hearing as provided by law, and the licensee shall be disciplined as follows * * *:

(a) By placing him upon probation, the terms of which may be set by the board, or

(b) By suspending his right to practice for a time deemed proper by the board * * *, or

(c) By revoking his license, or

(d) By taking any other action in relation to his license as the board * * * may deem proper under the circumstances.

(2) Upon the execution of a disciplinary order by the board, either following a hearing or in lieu of a hearing, the board, in addition to the disciplinary powers specified in subsection (1) of this section, may assess the licensee for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure disciplinary action, including, but not limited to, the cost of process service, court reports, witness fees, expert witnesses, investigators, and other related expenses. Money collected by the board under this section shall be deposited to the credit of the special fund of the board to reimburse the existing current year appropriated budget.

(3) An assessment of costs under this section shall be paid to the board by the licensee, upon the expiration of the period allowed for appeals under Section 73-25-27, or may be paid sooner if the licensee elects. Costs assessed under this section shall not exceed Five Thousand Dollars ($5,000.00).

(4) When an assessment of costs by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the licensee shall be prohibited from practicing medicine until the full amount is paid. In addition, the board may institute and maintain proceedings in its name for enforcement of payment in the Chancery Court of the First Judicial District of Hinds County. When those proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court. The matter shall be heard in due course by the court, which shall review the record and make its determination thereon. The hearing on the matter, in the discretion of the chancellor, may be tried in vacation.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.